subjective value

Democratic Government and Eminent Domain

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Professor Zywicki is right: Kelo is one of the most publicly-maligned decisions in recent Supreme Court history. But it is altogether more debatable whether the hostility was deserved.

Professor Zywicki offers a straightforward economic account and critique of eminent domain. …

From <em>Kelo</em> With Love: Revisiting <em>Kelo’s</em> Flawed Economics and Vacuous Constitutionalism

From Kelo With Love: Revisiting Kelo’s Flawed Economics and Vacuous Constitutionalism

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The recent announcement that two California counties are considering using the eminent domain power of the Fifth Amendment to seize underwater mortgages from their owners provides a useful opportunity to revisit the Supreme Court’s extraordinarily wrong-headed decision in Kelo v.

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